How Many Personal Injury Cases Go to Trial?

If you’ve been in an accident, you need a reputable personal injury lawyer on your side. Your attorney will investigate the circumstances of your case to determine if you are eligible for compensation for the damages or injuries incurred. However, if the insurance companies don’t want to pay, what are your chances of success if it goes to trial?

The truth is, most personal injury cases don’t see the inside of a courtroom. Only 4% to 5% of these cases get in front of a judge or jury. Instead, most cases settle out of court.

Having a Personal Injury Lawyer Is Important

The legal process for personal injury cases can be complicated, though. Having a personal injury lawyer is invaluable. Nine out of ten cases involving a personal injury lawyer result in a settlement. 

If you’re in Arizona, consult with the Gage Mathers Law Group. We are personal injury lawyers in Scottsdale who can guide you with your claim–our team of passionate lawyers fights for you and navigates the overwhelming legal process on your behalf. 

We know how to increase your personal injury settlement to its fullest. Our goal is always to get you the money you’re rightfully owed for the traumatic experience you endured!

What Affects a Settlement’s Outcome?

Many factors can impact the settlement of a personal injury claim. The outcome could be influenced by:

• How severe the injuries are
• The impact injuries have on the plaintiff, such as hindering aspects of their personal or work life
• The costs of treatment and recovery from the injuries 
• Emotional and psychological trauma 
• The certainty of liability (e.g., if there is any doubt that the defendant was responsible for the accident)
• The cost of litigation
• How long the litigation may take to reach a resolution
• Any costs beyond litigation, such as if the accident damages a person’s or business’ reputation or livelihood

It’s important to note that some states may have caps restricting how much a jury can award a plaintiff. These caps may apply to specific portions of an award, like pain and suffering.

Common Personal Injury Case Questions

Some of the most common questions we receive at Gage Mathers are: 

1. Are personal injury settlements marital property? This is a tricky question to answer. It varies by state and depends on the details of the case, settlement terms, injury timing, and state laws. The personal injury lawyers at Gage Mathers are experts in this field and can help you craft the agreement in your favor.
2. How long does a settlement take? Reaching a settlement with an insurance company could take up to one year. The average time is approximately eleven months, but some cases may resolve more quickly. 
3. How is the settlement paid? If you work with a personal injury lawyer, the settlement is typically sent to them. Many personal injury lawyers, including Gage Mathers, operate on a contingency fee basis. This means we get paid only if we win, and the payment will be a percentage of your settlement received.

No matter the case or question, Gage Mathers is here to help. Our dedicated team of legal experts has a 99.9% success rate and always fights to win!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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